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HomeMy WebLinkAbout23 Pavement Mgt ServicesMEETING DATE: PREPARED BY: REQUEST: Recommendation STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT December 16, 2021 Ryan Gayler, Project Manager Award a one-year contract, with an option of four, one-year extensions for Pavement Management Data Collection and Analysis Services to Applied Research Associates, Inc. of Ventura, California in the Amount of $213,150 (C42490) (Project No. 758-21) By Minute Motion: 1) Award Contract No. C42490 a one-year contract, with an option of four, one-year extensions for Pavement Management Data Collection and Analysis Services to Applied Research Associates, Inc. of Ventura, California in the Amount of $213,150; and 2) Authorize the City Manager to execute said agreement, extensions, and any contract amendments associated with this contract based on staff's recommendations. Funds are available for the services in the current budget in the SB1 Pavement Condition Analysis account and the Measure A Street Resurfacing Program account. Strategic Plan While managing the City's streets is an on -going maintenance activity and is not a specific objective of the Strategic Plan, maintaining the City's roadways by collecting data and prioritizing improvements is an essential function of the City for safety and roadway connectivity. Background Analysis The City of Palm Desert's network of public streets is comprised of approximately 180 center -line miles of pavement. This investment has a replacement value of several hundred million dollars. It is evident that the City has invested significantly in its roadway infrastructure to ensure the safe and efficient movement of vehicular travel. It is imperative that this investment be protected and maintained by an effective and comprehensive Pavement Management Program. The main goal of the plan is to apply the proper treatments CONTRACT NO. C42490 December 16, 2021 — Staff Report Award Contract for Pavement Management Services Page 2of3 at the appropriate time on public streets to maintain the quality and condition of street pavements with the most cost-effective methods. On September 17, the City issued a request for proposals for a consultant to collect data and analyze the condition of each street within the City's network. This analysis will provide the foundational data for maintaining the City's streets in a cost-effective manner. Performing the inventory will allow the City to identify current and future maintenance and rehabilitation needs. This work aims to strategically forecast a yearly budget to maintain the condition and quality of pavements while optimizing the expenditure of limited fiscal resources. Included in the pavement condition analysis is a pavement exploration work item that includes ground -penetrating radar, a falling weight deflectometer test, and street coring. These tests will be performed on streets that are proposed for resurfacing or rehabilitation in order to determine the extent of work that will be necessary to properly maintain the street. In addition to the assessment of the pavement condition, the consultant will gather data on the location of striping and other pavement markings, streetlights, valves and manholes, and street signage. Compiling an inventory of these assets will assist in obtaining a complete picture of the cost of maintaining the streets. This data will be uploaded to the City's geographical information system for use by the operations and maintenance services division. On October 15, 2021, the City received four proposals through the City's online bid portal, Planet Bids. A selection committee comprised of staff from the Public Works Department reviewed the proposals according to the following criteria in the RFP: • Qualifications of the firm and experience • Technical approach, completion timeline, and work plan • Completeness of the proposal • Comments by references • Fee proposal The selection committee ranked the proposals as follows: PROPOSER Applied Research Associates, Inc. GMU Pavement Engineering Kimley-Horn, and Associates, Inc. NCE LOCATION Ventura, CA Rancho Santa Margarita, CA Indian Wells, CA Fountain Valley, CA RANKING 1 2 3 4 Based on the review, staff recommends awarding a one-year contract to Applied Research Associates, Inc. (ARA) with the option of four, one-year extensions. In the initial year of the contract, and in year 4, ARA will conduct the citywide pavement condition survey, as well as the data collection services. In all five years of the contract, ARA will perform pavement exploration services on the segments that are identified for resurfacing. CONTRACT NO. C42490 December 16, 2021 — Staff Report Award Contract for Pavement Management Services Page 3 of 3 Fiscal Analysis SB1 and Measure A are the proposed funding sources for this project; therefore, there will be no impact to the City's general fund.The 5-Year funding breakdown for the project is as follows: Project Pavement Management Data Collection and Analysis Year FY 21/22 FY 21/22 Funding Source SB1 Measure A FY 22/23 TBD FY 23/24 TBD FY 24/25 TBD FY 25/26 TBD Description Budget for Total Cost this Project* Professional $200,000 Services / Pavement $13,150 Exploration Pavement $94,406 Exploration Pavement $98,182 Exploration Professional $239,743 Services / Pavement Exploration Pavement Exploration $104,161 $749,642 3olded amount is the subject of this request. *CIP Budget update in FY22/23 through FY25/26 will include street maintenance projects stemming from the subject professional services. Funding in future years will be subject to Council approval through the budget process. By approving the recommendations in this report, the City Council is granting the City manager authorization to execute the initial contract and four contract extensions. If the initial contract and all four extensions are granted, the total contract amount will be $749,642. LEGAL REVIEW DEPT. REVIEW N/A .Andy Firestine Robert W. Hargreaves Andy Firestine City Attorney Assistant City Manager L. Todd Hileman, City Manager: CONSULTANT: FINANCIAL REVIEW Ya,,,0141. 1 toou Janet M. Moore Director of Finance ASSISTANT CITY MANAGER .Andy Firestine Andy Firestine Assistant City Manager �. Todd l-+%Levuao, Ci t Y COUNCIL4CTION Applied Research Associates, kWROVED 165 South Chestnut Street RECEIVED Ventura, CA 93001 DENTED OTHER MEETING DATE 9r ° It Q ° %0? 1 QJ ATTACHMENTS: Agreement and Consultant's P oria-htfhi eh, I c1Af, r,ouirratni11Li!�+ Gtfi'11k NOES. N 0 ABSENT: Oitt ABSTAIN• N one VERIFIED BY. N lit / .S rS Original on File with City Clerk's Office CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT Contract No. 1. PARTIES AND DATE. This Agreement is made and entered into this 16' day of December , 20 21 , by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California ("City") and Applied Research Associates, Inc., an S Corporation organized under the laws of the State of New Mexico, with its principal place of business at 165 South Chestnut Street, Ventura, CA, 93001 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: Pavement Management Data Collection and Analysis Services (hereinafter referred to as "the Project"). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from January 1, 2022 to December 31, 2022, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor: Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Phillip Donovan, PhD., P.E., Principal Engineer. 3.2.5 Citv's Representative. The City hereby designates Andy Firestine, Director of Public Works, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Phillip Donovan, PhD., P.E., Principal Engineer, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibit "A" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non -performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party's performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non -performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant's indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City's Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall "follow form" to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primarv/Non-Contributinq. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured. (D) Citv's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) Citv's Right to Revise Specifications. The City and the City's Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (0) Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two hundred thirteen thousand one hundred fifty dollars ($213,150.00) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "A" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant's performance of Services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days' written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: City: Applied Research Associates, Inc. 165 South Chestnut Street Ventura, CA 93001 ATTN: Phillip Donovan, PhD., P.E. City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Andy Firestine, Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification — Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 [Reservedi 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney's fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers or representatives. 3.6.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 Citv's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting.. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Partv Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity: Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND APPLIED RESEARCH ASSOCIATES, INC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT APPLIED RESEARCH ASSOCIATES, INC. By: By: L. TODD HILEMAN WILLIAM R. VAVRIK, PHD., P.E., CITY MANAGER VICE PRESIDENT ATTEST: By: NORMA I. ALLEY, MMC CITY CLERK APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney By: MICHAEL W. ROYER SECRETARY / TREASURER EXHIBIT "A" SCOPE OF SERVICES, COST PROPOSAL, AND SCHEDULE In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles -Riverside -Orange Counties. ARA 1. COVER LETTER APPLIED RESEARCH ASSOCIATES. INC October 15, 2021 Mr. Randy Browman Deputy Director, Public Works City of Palm Desert rbowmanPcitvotoalmdesert.oreJ (760) 776-6493 Subject: Letter of Submittal for City of Palm Desert Pavement Management Data Collection and Analysis Dear Mr. Browman, Applied Research Associates is submitting this proposal in response to your RFP for Pavement Management Data Collection and Analyses. ARA is a corporation that was established in Albuquerque, New Mexico In 1979. We have a comprehensive transportation sector that possesses the depth of knowledge and experience to provide accurate and comprehensive pavement condition data to the City Our robust capabilities allow us to execute projects on time and on budget, and we are certain that we can complete the tasks outlined in the RFP. ARA's transportation sector has expertise in all aspects of pavement engineering, including pavement management, pavement condition inspections, pavement performance modeling, asset management, GIS, non-destructive structural testing, ground penetrating radar, and pavement design. ARA recognizes that the City is asking for the development of a PAVER based pavement management database, a complimentary ArcGIS pavement management shapefile, and a complete pavement condition index inspection We also understand there are three optional tasks the City would like us to propose on, data collection for signs, pavement markings, street lights, and manhole/utility covers, a non-destructive pavement structural evaluation using GPR, and a PCI survey of a parking lot the City owns. I, Phillip Donovan, will manage this project out of our Ventura, CA office I bring over 25 years of experience in pavement engineering. I am also the project manager for our Riverside County PCI survey project; we have already collected and rated the county roads surrounding and shared with Palm Desert I am authorized to negotiate the agreement terms and compensation and Dr Vavrik will sign all contract documents My contact information is Phillip Donovan, PhD, PE Email. PDonovan@ara com Office. 217-356-4500, Ext.39-3992 Cell. 719-649-9505 I Fax. 217-356-3088 Thank you for this opportunity to provide our proposal Please do not hesitate to contact us in case of any questions or concerns Sincerely, Phillip Donovan, PhD., P.E. William R. Vavrik, PhD., P.E. Principal Engineer Vice President & Division Manager 2. CERTIFICATION OF PROPOSAL The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP Page 1 City of Palm Desert. CA PMS October 15, 2021 3. EXPERIENCE AND TECHNICAL COMPETENCE 3.1.1 FIRM BACKGROUND Applied Research Associates, Inc (ARA) is an internationally recognized engineering and research firm with a transportation sector focused on pavement engineering and infrastructure management for municipal governments We are an employee -owned company with over 1,500 employee -owners that has offices throughout North America and serves clients worldwide. Most of our employees have advanced degrees and almost all of our pavement engineers are registered professional engineers ARA has over 40 years of experience in pavement engineering and was there and involved with the development of the Pavement Condition Index (PCI) ARA's expertise in all aspects of pavement engineering includes pavement inspections and management, pavement design, non-destructive structural evaluations, ground penetrating radar, pavement friction measurements, and nde quality assessment. An ARA founder was a key member of the team that developed the methodology that is the basis for the ASTM D6433 standard, the Pavement Condition Index PCI (survey). We are committed to understanding each client's unique needs, so we can help all clients use the right technologies at the right time to extend limited budgets for optimal transportation asset management. With approximately 150 pavement -focused staff and a fleet of pavement condition assessment equipment, ARA is prepared to provide the City of Palm Desert with outstanding and responsive pavement condition assessment services. AR R 3.1.2. REFERENCES 1. Riverside County, CA Pavement Condition Index Survey Riverside County manages approximately 2,200 centerline miles of roads and alleys and utilizes the Pavement Management System In 2019, ARA conducted automated Pavement Condition Index (PCI) surveys on approximately 2,200 lane miles of roads and alleys for the County The automated pavement distress surveys were done using ARA's Multi -Function Vehicles for the ARA's Transportation & Pavement Engineering offices are in California, Texas, Illinois, Pennsylvania & Ontario. ARA implements pavement management systems throughout North America. pavement condition survey and included high definition Right of Way (ROW) images, high -definition pavement imaging using the Laser Crack Measurement System (LCMS), and pavement profile measurements (IRI and rutting) using an ARA Mark III Laser Profiler equipped with 7 laser sensors. ARA worked closely with County staff to link the County's GIS data with their database. In addition, pavement inventory information (surface types, widths, number of lanes, GIS polylines, etc) were reviewed and updated in the PMS and GIS systems. The pavement distress data was evaluated by ARA's inspectors according to the guidelines presented in ASTM 06433. Throughout the process, we were in constant and close communication with the County Project Manager, provided monthly reports, and frequently discussed the challenges and project progress The 2019- 2020 inspection was submitted on -time and on budget, and we continue to provide on -call support Key ARA Staff: Dr. Phillip Donovan (Project Manager), Dr. Alvaro Ulloa (Principal Engineer), Joseph Dib (Project Engineer) Contract amount: (2019 — 2020) — Value. $396,180 & (2020 — 2021) — Value- 5100,354 Date of contract: August 2019 — July 2028 Contact: Mr Elmer Datuin, P.E , Riverside County, Transportation Department Tel- (951) 955-67621 edatuin@rivco org Page 2 City of Palm Desert. CA PMS October 15, 2021 2. Los Angeles County, CA The County of Los Angeles selected G3 Quality to provide a pavement condition inspection for approximately 370 centerline miles of the County's south basin. G3 Quality selected ARA as their exclusive subcontractor to complete the semi -automated inspection The pavement condition survey and pavement roughness and rutting evaluation followed ASTM D6433-11, and ASTM E950/E950-95 The project also involved converting distress data into a format that was supported by the proprietary software the city uses. The project was completed on - time and within the allocated budget Key Staff: Dr. Phillip Donovan (Project Manager), Dr. Alvaro Ulloa (Principal Engineer). Contract amount $98,406 Date of contract: December 2020 — July 2021 Contact: Mr. Jordan Roper, PE, Project Manager, G3 Quality Tel 0 562) 321-98451 Iroper@g3quality com MCAG I FARCE3CDlrli 3. Merced County Association of Governments, CA cmew eTSSR The Merced County Association of Governments (MCAG) selected the ARA team (as Dynatest) to provide a pavement condition survey and pavement management system for approximately 2,352 centerline miles for the seven MCAG jurisdictions The pavement condition survey and pavement roughness and rutting evaluation were conducted following ASTM D6433, and ASTM E950/E950-95. In addition, ARA was responsible for reviewing the maintenance and rehabilitation (M&R) strategies and incorporating an M&R decision tree into the PAVER software ARA provided PAVER training to the jurisdiction personnel and the training included data entry and editing, performing PCI calculations, budget analysis, generating reports, and using GIS. ARA provided MCAG with the following deliverables • Geo-referenced, downward laser pavement images of all maintained roads • Geo-Referenced high -definition Right-of-way (ROW) images. • A detailed database that contains all distresses and PCI values for each road section • A computerized Pavement Management report listing the PCI for each road section in the database • Linkage of Pavement Management Database to each jurisdiction's GIS shapefile • PAVER software integration of countywide maintenance and rehabilitation decision tree. • Four budget analysis reports: 1) a budget needs assessment, 2) result of utilizing the existing budget, 3) budget to maintain the current PCI, and 4) budget to improve the network PCI to an acceptable level. Key ARA Staff: Phillip Donovan is the project manager for this effort. Contract amount: $501,381.60 Funding source: Merced County Association of Governments Date of contract January 2nd, 2018, to September 30th, 2021 Contact: Mr. Ty Phimmasone, AICP Associate Planner Merced County Association of Governments Tel (209) 723-3153 x 123 1 tv.ohimmasone0mcaeov.org IOS AYCGI F< ((LINTY 4. Mount Vernon, WA The City of Mount Vernon, WA chose ARA in 2018 (as Dynatest) and 2021 to perform a semi -automated pavement condition survey (including Distress, IRI, "` tit and Rutting) and to provide data analysis and reporting services for its network MOUNT of approximately 136 centerline miles of roads. Services included. �RN�N P,:RIK WORKS • Providing a PCI value for all road segments, recommending a maintenance or rehabilitation procedure for each segment, and estimating the cost for the repair method proposed. • Provide a State of the Streets Report describing and summarizing the results and recommending budgets for different budget and PCI deterioration scenarios using PAVER. • Providing a GIS shapefile containing the pavement inspection and repair cost estimate results. Page 3 City of Palm Desert. CA PMS October 15, 2021 Key ARA Staff: Dr Phillip Donovan (Project Manager), Joseph Dib (Project Engineer) Contract amount & Date: Mount Vernon, WA (October 2018 — August 2019) — $42,223 Mount Vernon, WA (April 2021— December 2021) — $57,490 Contact: Mr Darin Christen, P E., City of Mount Vernon, Public Works Department Tel. (360) 419-32391 danncamountvernonwa.eov 5. City of Antioch, CA (/•�� In 2019, the City of Antioch selected ARA as a consultant to provide non- A N T I �^^^, C H destructive deflection testing (NDT) using Falling Weight Deflectometer (FWD) and Ground Penetrating Radar (GPR) The City of Antioch needed to rehabilitate several streets. The project scope includes the following tasks: • Performing deflection testing and analysis. • Conducting GPR survey to provide layer thickness information • Providing Cores from optimized locations based on deflection and GPR survey results to verify thickness information • Collecting GPS coordinates of the tested location for the City • Pavement rehabilitation design following Caltrans guidelines. • Providing Traffic Control during testing Key Staff: Alvaro Ulloa (Project Manager), Jose Juarez (Technician) Contract amount: $43,358 Funding source: City of Antioch Date of contract: September 17th, 2019 Contact: Mrs. Jumming Li, City of Antioch Public Works Department Tel (925) 779-70251 jli@ci.antioch ca us 6. City of Red Bluff, CA In 2020, ARA performed non-destructive testing (NDT) using FWD and GPR as a subcontractor for the City of Red Bluff, CA The prime contractor was Bajada Geosciences, Inc. The City of Red Bluff needed to rehabilitate multilane segments. The project scope includes the following tasks: • Provide FWD Data in mdb and FWD Format. • Conduct GPR Survey and analyze the data to obtain layer thickness. • Recommend coring locations based on obtained results • Provide layer Moduli value and conduct pavement rehabilitation designs following Caltrans Highway Design Manual. Key Staff: Phillip Donovan(Project Manager), Alvaro Ulloa(Principal Engineer), Jose Juarez (Technician) Contracting agency: Subcontractor to Bajada Geosciences Contract amount: $22,900 Funding source: City of Red Bluff, CA Date of contract: January 12th, 2021 Contact: Mr. Jim Bianchin, CEG BAJADA Geosciences, Inc. Tel (530) 638-5263 (ii ianchinabaiadaaeo.com As a demonstration of our customers' satisfaction with our work, please find two letters of reference from those involved in the projects in this section. While we typically try to include letters of reference from all of our reference projects, in order to not exceed the 20-page limit, we have included only a couple of the most applicable. Beyond these letters, you are, of course, welcome to contact any of the references mentioned above Page 4 Mark Lancaster Director of Transportation COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY Transportation Department County. Riverside Contact Randy Flowers County of Riverside Transportation Department Material Laboratory 2950 Washington Street Riverside, CA 92504 Office (951) 955-2829 Mobile (951) 961-7110 Email rtlowers@nvco org Service Dates 2018 to Present Service Value/Cost. $600,000 To Whom It May Concern: City of Palm Desert, CA PMS October 15, 2021 Mojahed Salama P E Deputy for TTonsponaoon/Cophol Projects Richard Lantis, P L $ Deputy for r ontportauon/Ytanmhl and Development Riverside County contracted with Applied Research Associates (previously Dynatest) to support our pavement management systems They have completed a PC1 survey on all our county roads and uploaded ail distress data into StreetSaver using an XML uploader tool they created along with the StreetSaver team They have also developed a one -of -a -kind StreetSaver interface tool to extract information from the online StreetSaver database into a local access database for manipulation and reporting requirements for Riverside County Riverside County is very satisfied with ARA's work and ARA has proven to be a great partner to help manage our pavements We look fonvard to continuing to work with them and 1 strongly recommend ARA's services in pavement condition inspections and pavement management Respectfully, 2950 Washington Street • Riverside, California 92504 Office 951 955.6885 • Fax 951276.9648 Page 5 MERCEO COUNTY ASSOCIATION OF GOVERNMENTS October 7, 2021 Phillip Donovan, Ph.D., P.E Principal Engineer Applied Research Associates, Inc. 165 S Chestnut St. Ventura, CA 93001 Re: Qualifications of Applied Research Associates, Inc. (ARA) To Whom It May Concern. City of Palm Desert. CA PMS October 15. 2021 PM. 209 723.3153 FAX. 209.723.0322 www.n caeov.ore 369 W, 18'" Street Merced, Ca. 93540 I am writing this letter In support of Applied Research Associates (formerly Dynatest). From 2018 to 2021, ARA assisted the seven jurisdictions of the Merced County Association of Governments with the development and implementation of our pavement management system and provided on -site, in -person training on the PAVER pavement management program. Specifically, ARA performed a PCI survey of all 2,352 centerline miles of MCAG jurisdiction pavements using a state-of-the-art laser imaging vehicle. Right of way images, downward laser images, and transverse rutting measurements were evaluated using ASTM D6433 procedures. In addition to the PCI survey, ARA provided International Roughness Index (IRI) values for all roads. Lastly, ARA helped the member jurisdictions install and use the PAVER pavement management system ARA provided outstanding technical and engineering support to the MCAG and our member jurisdictions They were very responsive to our needs and their expertise and support has improved pavement management in Merced County. The MCAG would not hesitate to work with ARA again and highly recommends them as experts in pavement management and pavement engineering. Sincerely, ) Thavone Phlmmasone, Transportation Planner Merced County Association of Govemments 369 West 18th Street Merced, CA. 95340 (209)723-3153 tv.phimmasonegilmcarrov.org ,1,:11 :1:.-, 1111:"•:11, ini„rl,•1 KMeasurev Parine:n'y for Reyioral Solations Page 6 City of Palm Desert. CA PMS October 15, 2021 4. FIRM STAFFING AND KEY PERSONNEL For this project, we have assembled a team of seven professionals. ARA confirms these personnel are available for this project As mentioned previously, all work will be performed out of ARA's Ventura, CA office. 4.1. STAFFING, KEY PERSONNEL AND TEAM ORGANIZATION Phillip Donovan, PhD, PE (Principal Engineer, Ventura, CA) — will function as the Project Manager. Dr. Donovan will coordinate communications between all parties and will ensure that the scope, budget, schedule, and client expectations are met throughout the project Dr Donovan will work closely with all stakeholders involved in this RFP to review and confirm the objectives and key requirements of the project, scope of the project, major deliverables, key milestones, resources that will be needed, and the project schedule with key delivery dates Dr Donovan will hold monthly online meetings to give an update to the City designated project manager about the status of the projects. These meetings will be held through Zoom, WebEx, or Microsoft Teams. Dr. Donovan's team includes data collection and data processing personnel and pavement management specialists As Principal in Charge, Dr Donovan will assign project roles and responsibilities to ensure clear accountability in the execution of the project Dr. Donovan brings more than 25 years of experience to this role. Alvaro Ulloa, PhD, PE (Principal Engineer, Ventura, CA) — will serve as assistant project manager for this effort. Dr. Ulloa will lead the Pavement Analysis team to complete the PCI survey (including rutting and IRI data). He will also provide as needed support for GPR data analysis, QA/QC on loading information into PAVER and linkage to GIS, as well as pavement management multi -year planning and maintenance and repair strategies. Dr. Ulloa brings more than 15 years of experience in transportation engineering and has served in this role for many similar projects, including work in Merced County, the City of Chula Vista, CA, and Carson City, NV Salil Gokhale, PE (Principal Engineer, Ventura, CA) — will serve as Quality Control/Quality Assurance Manager Mr. Gokhale brings more than 20 years of experience in pavement engineering and has extensive experience with highway and airfield pavement engineering and evaluation projects For this project, Mr Gokhale will work closely with Dr Donovan on all technical aspects and to ensure that the project remains on track and on scope Mr. Gokhale is PAVER Certified with vast experience on Pavement Management System implementation using StreetSaver, PAVER, and Cartegraph Joseph Dib, E.I.T. (Staff Engineer, Ventura, CA) — will perform as the Pavement Management System assistant manager Mr Dib will help the Pavement Analysis team complete the PCI survey, load the distress data into PAVER, link the PCI values to GIS data, and assist with development of the optimal budgeting and M&R strategies. Additionally, he will act as Data Acquisition and Analysis Manager and will oversee preparation for fieldwork and field operations Mr Dib brings two masters' degrees in structural and pavement engineering and five years of consulting transportation engineering experience to this role. Mr. Dib has served in this role for many similar projects, including the recently completed Riverside County. Craig Cox (GIS, Data Processing & Programmer, Austin, TX) — Mr Cox will create the sectioned pavement management GIS and PAVER databases, process the pavement inspection data, and coordinate the rating of the pavement images. He will work with the project manager to provide the GIS linkage of all data Mr Cox brings more than 30 years of experience in engineering, transportation, and information technology to this role, including development of TxDOT's PMIS pavement management program and database solutions. Donovan Morse (Pavement Data Collection Team Leader, Ventura, CA) — Mr. Morse will serve as the leader for the pavement survey team driving the Multi -Function Vehicle (MFV) for data collection Mr Morse has over 20 years of experience conducting pavement condition surveys for cities, counties, and private companies Page 7 City of Paim Desert. CA PMS October 15. 2021 Jose Juarez (Senior Civil Engineering Technician, Ventura, CA) — If the City decides to exercise the optional tasks, Mr. Juarez will operate the GPR to perform Non -Destructive testing in task 6. Mr. Juarez has over 8 years' experience conducting HWD, FWD, GPR, and friction testing for airports, cities, counties, and private companies 4.2. SUBCONTRACTORS Applied Research Associates does not anticipate the need to subcontract any portion of this project 5. PROPOSED METHOD TO ACCOMPLISH THE WORK ARA understands that a PCI survey is required for 169 centerline miles of the City's road network (approximately 248 lane miles). The PCI results will be used to update the current roadway condition, develop 5-year budgetary plans, determine future pavement maintenance needs, and predict future PCI conditions. ARA has completed many projects with the same scope and complexity as the City is requesting To provide the City with an overview of our talents and capabilities, we have included this short synopsis of how we have completed projects of this type in the past for tasks 1 to 4. Optional tasks 5, 6, and 7 can be completed in parallel with tasks 1 to 4 with no impact to the overall schedule if the City desires An overview of the methodology we will use for the PCI inspection is shown in the flow chart below. • Cave'°* mnaun cvs m Page 8 City of Palm Desert. CA PMS October 15. 2021 5.1. TASK 1- MANAGEMENT AND ADMINISTRATION 5.1.1 KICKOFF MEETING Efficient management of the project is essential to overall success This starts with a productive project kickoff meeting involving key project personnel, stakeholders, and end users. This meeting will focus on, at a minimum, the following items: • Project goals, scope, schedule, milestones, and deliverables • Information required for project execution o GIS Linear segmentation instructions (i e. unique pavement identification instructions) o Pavement budget limitations, construction, and rehabilitation techniques used by the City o Data and report formatting requirements • Quality control plan (QCP) • Public safety concerns, requirements, and procedures 5.1.2. QUALITY MANAGEMENT PLAN (QMP) Dedication to quality is paramount to the overall success of this project. One of the most important factors of thus is a documented Data Quality Management Plan (DQMP). The ARA team will prepare a detailed DQMP that covers all facets of this project for the City. A high-level data quality chart is shown below that spans the life of the project Details of the specific requirements will be outline in the DQMP and the City will then approve the DQMP before data collection can begin. Quality never takes a day off. • Develop Data Quality Management Plan • Local Control Sites before Mobilization • Inventory & G15 review BEFORE COLLECTION no • Equipment calibrations • Equipment certifications • Operator training DURING • COLLECTION -gam\ • Dailyrevewofdchecks ata •1+�• Daily review of data • Weekly control sites • Completeness verification DATA • PROCESSING �„t • Distress rating quality control • Data upload verification • Field Audit of PCI Scores • Pilot delivery of 30 miles BUDGET ANALYSIS WORK PLAN DEVELOPMENT • Two -level review process of results • Collaboration with City personnel • Review by three project leads • Review & Acceptance by City personnel High -Level Quality Management Plan Our field operators perform equipment quality control and calibration checks daily, and the data is screened as it is submitted to the office. For laser image data processing, we have programmed automatic checks to ensure complete data processing and eliminate errors in the final image data For image rating quality control, we utilize Page 9 City of Palm Desert. CA PMS October 15, 2021 certified image rating personnel who are not involved with this project to conduct rating reviews to eliminate bias and allow for independent verification of distress rating accuracy. 5.1.3 QA/QC DURING DATA ACQUISITION Proper calibration and configuration of the data collection vehicle is essential to collecting accurate pavement condition data. Daily calibration and control sites will be used to ensure that all subsystems are operating within specifications If the City has predefined or preferred control sites, ARA will be glad to use these as the baseline equipment control sites. If not, we will select three control sites based on the following considerations: • 1000ft in length • No stop signs or stop lights • Adequate striping to ensure the same path can be driven consistently Three runs will be performed at each control site to establish baseline sensor readings for each control site as well as the expected standard deviation. The data collected on the control sites will establish baselines for the following equipment subsystems • Longitudinal profile (ride quality, IRI) • Transverse profile (rutting) • GPS coordinates • Image quality o Orientation of right of way images will be established for reference purposes o Downward laser pavement images will be collected and reviewed to ensure there are no orientation issues (laser pavement images rarely have orientation issues) • Distressed o Pavement distresses will be automatically identified for the control sites, this will help ensure distresses can be accurately recognized throughout the project 5.2. TASK 2 — PAVEMENT CONDITION ASSESSMENT/RATING METHODOLOGY 5.2.1. INVENTORY REVIEW AND GIS BASE MAP PREPARATION For this project, ARA will work closely with the City to review the existing pavement inventory and records and create the PAVER database and pavement management GIS shapefile for the City During this task, any additional or missing information that is needed for the database to function properly will be identified The following items will be created or reviewed: • Review the City's current street shapefile • Create the PAVER and GIS shapefile pavement management database inventory for the City, create, split, combine, or add new sections as necessary (e g , GIS/PMS linkage, surface type, length, width) • Street centerline mileage in GIS and the pavement management database • Historical pavement inspection data 5.2.2. PAVEMENT CONDITION SURVEY In the very complex process of determining pavement maintenance and rehabilitation budgets, accuracy of the inspection and proof of the pavement conditions are key to realistic and defendable budget justification and funding requests. Therefore, our pavement inspection will be completed using ARA's safe, fast, automated, vehicle -based pavement condition data collection equipment and the rating will conform to ASTM D6433 A vehicle mounted system provides a comprehensive and permanent record of pavement conditions that supports project budgeting and planning. We provide the following with our inspections: • Georeferenced pavement distress images acquired with a downward laser camera • Georeferenced Right of Way (ROW) images covering all travel lanes and roadside assets Page 10 City of Palm Desert. CA PMS October 15. 2021 • The International Roughness Index (IRI) — ride roughness in accordance with ASTM E590 • Transverse rutting values for both the left and right wheel paths to the hundredth of an inch in accordance with AASHTO R48. 5.2.3. SURVEY EQUIPMENT ARA has three imaging vans that use the 3D Laser Crack Measurement System (LCMS) During data collection, this vehicle is driven at posted speed limits and does not require traffic control The vans have flashing lights and reflective strips for safety and all vans are marked with the company name. The equipment includes: • LCMS Cameras. The laser system Is configured to capture a lane 13.6ft (4.15m) wide with lmm crack detection resolution and 4,154 pixel horizontal resolution • High -Speed Laser Profiler (Caltrans Certified). The profiler is equipped with 7 lasers and 2 accelerometers and Is a Class I (highest standard) profiler. The RSP calculates IRI in real time. • 4 ultra high -definition Right of Way (ROW) cameras All images are geotagged at 20ft intervals • Distance Measuring Instrument (DMI) for linear measurements accurate to < t0 5% • Inertial Measurement Unit (IMU) and GPS. an Applanix POS LV VS inertial navigation system for recording sub -meter accuracy GPS coordinates along with road crossfall, radius of curvature, and grade 3D Laser Crack Measurement System with Class 1 Laser Profiler, Downward Laser Image Page 11 City of Palm Desert. CA PMS October 15, 2021 5.2.4. PAVEMENT CONDITION RATING The PCI values for all sections are calculated in PAVER from distress types, severities and quantities identified in the georeferenced digital images. Workstations with two 24-inch high -resolution LCD monitors are used by Certified pavement inspectors to rate all distresses according to ASTM D6433 Please note that we use a subcontractor to assist with the image rating of the pavement and the right-of-way assets in order to speed up the rating The subcontractor only uses trained Inspectors. The pavement distress information is compiled into XML files that are Imported into the City's PAVER database. As part of this project, we will rate 100% of the downward images collected. Screen captures from the software are shown below. o +nco: .c • Automated Crack Rated Image _. Detection Image 0, ore, O. O. warm • a ROW Image i•, _ WO• •▪ = mum. atm• :; Mari DRM Software - PCI Distress Types and Pavement Frames for Rating 5.3. TASK 3 - IMAGERY 5.3.1. LASER CRACK MEASUREMENT SYSTEM (LCMS) The LCMS is composed of two lasers and high -resolution cameras that are configured to image a 13.6ft (4 15m) lane with mm resolution at 60 mph. The LCMS system uses infrared laser illumination for the downward images, so the images are not degraded by weather, shadows, or ambient lighting. This system stiches 1mm wide slices of the pavement surface together to form a georeferenced, high resolution, millimeter accurate 3D image of the surface. It is impossible to measure crack lengths, widths, and rutting with 1mm accuracy using downward visible light cameras, windshield cameras, a windshield survey, or a roadside walking survey where lighting and visual acuity can impact rating results. The below image samples show the laser data collection and show that the laser illumination in our system provides high quality downward images regardless of lighting conditions. All georeferenced downward images will be delivered in JPEG format and sorted into folders according to the unique segment identification or PID (Pavement Identification number) for easy retrieval and review. This sets us apart from competitors who simply use lasers to measure crack width and depth without recording the downward images. The permanent JPEG record of laser images provides irrefutable proof of the conditions of Page 12 City of Palm Desert, CA PMS October 15, 2021 the pavements on the day of data collection Any questions from City staff, elected officials, or constituents and any perceived anomalies or discrepancies are easily researched and resolved In the office without the need for a time-consuming site visit where you would have to dodge traffic (and angry drivers) to see the pavement Note that manholes, valves, and vaults can be identified in the downward images along with their GPS coordinates and condition if optional Task 5 is executed ROW image with Good Lighting 3D Image ROW Image with Shadows 3D Image Shadow does not impact the LCMS images! Range Image Range Image Sample Pavement and ROW Images Captured with the LCMS System 5.3.2 RIGHT OF WAY (ROW) IMAGING Right of Way images are a good way to show overall road conditions and we use four ultra high -definition digital cameras for acquiring ROW images in our system as shown in the image below. The images are recorded every 20ft in PEG format and are geotagged, labeled by PID and DMI Station, and sorted into folders according to their PID Sample images are shown below Road signs, streetlights, and pavement markings can be identified, geolocated, and rated from the right of way images. Page 13 Sample ROW Images 5.4. TASK 4 — PROJECT DELIVERABLES 5.4.1. DATA EXTRACTION AND PAVEMENT ASSESSMENT After data collection, ARA will integrate the collected data with PAVER and provide maintenance and rehabilitation recommendations to the City 5.4.2. PMS SOFTWARE INPUT AND PCI CALCULATION After completion of distress identification and classification according to ASTM D6433, the distress types, severities, and quantities are imported to the PMS software (PAVER) for determination of Pavement Condition Index (PCI) The PAVER database with all PCI scores will be provided to the City along with a GIS Map City of Palm Desert. CA PMS October 15, 2021 t MERCED Pavement Section PCI (September 2018) PCI Legend w, pin+Po — VeNP0a 0-00 I0<Pore 00 55<Pee <• 70 — ]0 • sawecaey.'s —s<(royw cr 100 Color Coded PCI Map 5.4.3. NETWORK REFERENCING AND GIS LINKAGE Our team will integrate the PCI scores with the City's new GIS pavement shapefile This enables the City to visually represent pavement conditions for easy viewing by officials and the general public Linkage between PMS data and GIS will ensure a complete integration of pavement condition data, pavement inventory, budgetary planning data, available GIS historical data, and digital images 5.4.4. PAVEMENT PERFORMANCE MODELS In a pavement management system, it is critical to characterize the expected deterioration of the pavements according to the level of service expected for each road Pavement performance prediction models help determine the future condition of roads and provide information on when future maintenance treatments or rehabilitation activities will be required The main objective of these models is to assist the city in determining Page 14 City of Palm Desert. CA PMS October 15, 2021 the most cost-effective maintenance and rehabilitation alternatives, the right treatment at the right time for the pavement. Our team will review and update these models in PAVER based on current and historic PCI values and available construction history data 5.4.5. BUDGETARY ANALYSIS AND MULTI -YEAR PAVEMENT MANAGEMENT PLAN (PMP) Our team will work with the City to determine the best, most cost-effective preservation, maintenance, and rehabilitation activities consistent with the City's current procedures and PAVER guidelines We will also provide a 5-year program for maintenance needs that will reflect project prioritization to ensure optimal spending for future work based on the available funding levels. Taking advantage of ARA's pavement engineering expertise, we will establish practical preservation policies for the City, including, but not limited to, crack sealing, surface treatments, mill and overlays, and reconstruction. These policies will be defined in the pavement management system and used in forecasting future pavement work and funding requirements for the City's pavements After performing the overall pavement condition analysis for the entire network, all of the condition data will be uploaded into PAVER. ARA will provide a summary report detailing its data collection and analysis procedures, maps, and the findings and conclusions After City review, ARA will submit hard copies and digital copies of the final report and maps as required in the RFP Final deliverables include. • Two hardcopies and one digital copy in PDF/Word/Excel format of the PMP report, spreadsheets, and color coded maps • Updated City Pavement Management Database (PAVER) • New City GIS shapefile with all PMS data • Georeferenced Right of Way (ROW) and downward laser pavement images labeled by PID and DMI station and sorted into folders by PID • 5-year maintenance and rehabilitation plan • State of the Streets pavement management report including all roadway network conditions, M&R plans, and budget scenarios and maps showing color coded PCI ratings, each year of the proposed 5-year plan, and City I - divided into logical work zones 5.5. TASK 5 — ADDITIONAL DATA COLLECTION (OPTIONAL TASK) If the City chooses to move forward with conducting asset data collection, ARA technicians will evaluate the City's signs, pavement markings, streetlights, manholes, valves, and vaults using the collected ROW and downward images to update the City's asset management layer The analysis will include asset location (Geo- referenced) and will be linked into the City's GIS database. Page 15 City of Palm Desert. CA PMS October 15, 2021 5.6. TASK 6 — PAVEMENT EXPLORATION (FWD, GPR AND CORING) 5.6.1 GROUND PENETRATING RADAR (GPR) ARA has extensive experience collecting and interpreting GPR data for use in managing a L - - pavement network. GPR can be used to update the geodatabase used in a pavement management system, which will enhance the accuracy of the pavement deterioration models and improve the forecasted PCI. GPR data will be collected using a multi -channel digital radar system along one outside lane of each tested street. Using GPR equipment, the pavement layers greater than 3 inches thick can be observed to a depth of approximately 2 feet below the pavement surface The GPR data will be collected using a one -foot scan interval (one measurement every foot) GPR data can be summarized at virtually any Interval. We recommend an interval of 10 to 25 ft for most applications. Pavement layer thicknesses in the generic major layer types are summarized, such as asphaltic material, granular or bound base, and subbase A GSSI SIR30-420005 GPR system will be used to collect the GPR data GPR is used to determine the pavement thicknesses and types by means of emitting a series of radar waves to the pavement structure while the vehicle is traveling at traffic speed The GPR data will be analyzed using RADAN 7 software package to estimate the dielectric properties of the pavement and determine the layer thicknesses. GPR results must be calibrated through pavement cores at selected locations. Our FWD is fully integrated with the GPR system so that each FWD station corresponds to the same reading from the GPR system Furthermore, pavement thicknesses will be reported for every FWD tested station continuously which in turn increases the accuracy and quality of the pavement evaluation and design and increases the probability of successfully identifying any localized failure that might otherwise be missed by common destructive procedures. 5.6.2. PAVEMENT STRUCTURAL EVALUATION (FWD) ARA has extensive experience collecting and analyzing pavement structure capacity using the Falling Weight Deflectometer As seen in our references, we provide pavement structural conditions for cities and counties in California Structural evaluation is one of the most effective things that can be done to augment a PCI survey by providing an extra level of information that can be used to determine if an overlay is necessary, how thick of an overlay to place, or if a roadway requires a more major treatment than just an overlay such as reconstruction or major rehabilitation For this task we will collect GPR and FWD structural data per the City's guidance The GPR and FWD testing will ensure that rehabilitation or reconstruction project designs are optimized based on a life cycle cost analysis per the Caltrans Highway Design Manual requirements. Applied Research Associates, Inc. (ARA) understands that pavement condition evaluation is required for some streets in the City of Palm Desert, CA ARA will perform Falling Weight Deflectometer (FWD) and Ground Penetrating Radar (GPR) testing to determine coring locations and provide rehabilitation recommendations for Page 16 City of Palm Desert. CA PMS October 15. 2021 ir each street Project limits are shown in the figure and table below ARA will provide a Dynatest Model 8012 Fast FWD and a qualified operator to perform the field testing. FWD testing will be conducted as shown in the table below using a Dynatest FFWD. Testing will be conducted at 100-ft testing interval for the outer lane only in each direction of the street Each FWD test point will be geo- referenced using our sub -meter accurate GPS system. The tests will be staggered between the lanes to increase the coverage of each section. The approximate length of testing is 17.8 lane miles with a total of 941 test points. Due to traffic control complexity and limited working hours (8 hrs/day), it is anticipated that the FWD testing will take four days in the field to complete. The FFWD will have a reference calibration performed within a year prior to the date of the testing Approximate Structural Testing Project Locations. Page 17 Street Name Painters Path 1 Painters Path 2 Town Center El Paseo Monterey San Pablo Deep Canyon Haystack Road Cook Street Fred Waring Dr Estimated Number of FWD Test Locations on the Pro Begin Location CV Link/Bump n' Grand Dead End Edgehill El Paseo El Paseo Fred Warning DR HWY 74 HWY 111 Hahn North Hahn South/San Gorgonio El Paseo HWY 111 Magnesia Falls Abronia Highway 74 Portola Avenue Frank Sinatra Dr Merle Dr Highway 111 Portola Avenue 5.6.3. PAVEMENT CORING End Location City of Palm Desert. CA PMS October 15. 2021 osed Streets. No. of Testing Length(ft) Lanes Test Interval(ft) No. of Test Points Dead End Outer Lane 1,770 100 18 CV Link/Bump Outer Lane 1,770 100 18 n' Grind El Paseo Outer Lane 850 100 Edgehill Outer Lane 850 100 Fred Warning DR Outer Lane 5,400 100 54 El Paseo Outer Lane 5,400 100 54 HWY 111 Outer Lane 4,410 100 44 HWY 74 Outer Lane 4,410 100 44 Hahn South/San Outer Lane 830 100 8 Gorgonio 9 9 Hahn North Outer Lane 830 100 8 HWY 111 Outer Lane 530 _ 100 El Paseo Outer Lane 530 100 Abroma Outer Lane 5,670 100 Magnesia Falls Outer Lane 5,670 100 Portola Avenue Outer Lane 6,875 100 Highway 74 Outer Lane 6,875 100 Merle Dr Outer Lane 11,900 100 Frank Sinatra Dr Outer Lane 11,900 _ 100 Portola Avenue Outer Lane 8,825 100 Highway 111 Outer Lane 8,825 100 Total 94,120 100 5 5 57 57 69 69 119 119 88 88 941 ARA will use a subcontractor to perform coring on each street segment. The subcontractor will provide the thickness and material type of each layer encountered in the pavement structural section Bulk samples of subgrade materials at the core locations will be collected for laboratory testing such as R-value, moisture content, and Atterberg Limits (plasticity index) determinations. As required by law, we will notify Underground Service Alert (USA) of the proposed subsurface exploration locations at least 72 hours prior to any pavement core work We will coordinate with the City maintenance staff to identify any utilities which may be in conflict with the proposed coring locations and relocate our pavement core locations appropriately The recovered cores will be labeled and retained for later documentation of the core thickness and condition Any base material identified below the existing pavement will have the thickness measured and recorded. At every core location a bulk sample of the subgrade soils will be obtained for visual classification and possible soil laboratory testing All pavement core locations will be patched back with Page 18 City of Palm Desert. CA PMS October 15, 2021 compacted aggregate base and high early strength cement grout to match the exisiting surface as closely as practical. Pavement cores may be located in localized areas of severe distress (if any). It should be noted that a better characterization of in -place pavement layer properties is achieved by performing a GPR survey coupled with optimized coring and laboratory testing 5.6.4. PAVEMENT EXPLORATION DELIVERABLES Final deliverables for the pavement exploration task will include. • Raw FWD files • Moduli back -calculation results from FWD data to obtain layer moduli • Right of way images collected during FWD testing • Google Earth maps showing the FWD test locations and load normalized center deflections • GPR analysis • Tabular Data summarizing the base repair locations, dimensions including depth and area • Pavement rehabilitation design and report 5.7. TASK 7— PARKING LOT PAVEMENT EVALUATION (OPTIONAL TASK) ARA has the ability to perform the pavement condition assessment for all the parcels located in the El Paseo shopping district either by using the semi -automated vehicle or manually following ASTM D6433 guidelines. Our raters are OCTA and MTC certified. Distress data will be collected and uploaded into the PAVER database and linked to GIS to develop M&R strategies for the parking lot 5.8. PROJECT SCHEDULE ARA has the available experienced staff, resources, and testing equipment to meet and most likely exceed the City's timeline. Our proven track record of current and completed projects show that ARA always submits the promised deliverables on time. The proposed project schedule is shown below City of Pam Desert, CA January February March April Pavement Management System Update \\ 1 \F2 \F3 W4 %VI \\'2 W3 \\'J \\'I \\2 W3 \\'4 WI W2 R3 %V4 Project Kickoff Inventors' Review Develan.p Data Collection Plan IPavemenjt tondition Data Collection IPavement Exploration (FWD. GPR. Corinnl I Parkinu of Su vet Pave men) Condition Analysis OCIQ.A of Rated Data CIS Linkage and PAVER upload Final Deliverables and Recommendations I! T I _nI_ _4 I --- I I — — �1 I I f -mg MI • Project Kickoff Meeting O Drali Repo t Submittal for City Review and Approval • Final Report Submittal mr- 0 Page 19 6. FEE PROPOSAL Price Proposal for Tasks Included in this RFP City of Palm Desert. CA PMS October 15, 2021 It is understood that this is a 5-year contract that will be executed as a firm fixed price contract The pricing below reflects that the PCI survey and right -of way asset survey (signs, pavement marking, streetlights, manholes, valves, and vaults) is to be completed in years 1 and 4 of the contract and that It is expected that GPR and FWD testing will be of similar length (17.8 lane miles) and complexity each year as reconstruction and overlay projects are executed. If there are fewer or more lane miles to conduct structural testing on each year, the price can be adjusted according to the needs of the City. Page 20 2021 City of Palm Desert, CA Task Item Year 1 FIXED PRICE Item Total Task Total Task 1- Management and Administration Task 2-Pavement Condrtnon Assessment/Rating Methodology Task 3: Imagery Task 4: Deliverables Item 1 - Management and Administration Item 1- Review PMS Inventory and Prepare $7,610 Inumtion (tem 2 - MFV Mobilization 7 050 Item 3 - GIS Base Map Preparation Item 1 MFV Field Survey and Data Collection Item 1- Image Distress Raton: Item 2 - PAVER Import $5,510 58,520 525,040 $15,450 Item 3 - State of the streets Report and GIS Database $12,230 $10,530 $23,180 $25,040 $33,190 2021 City of Palm Desert, CA Task Item Item 1- Tots $91,940 Y arl FIXED PRICE Item Total Task Total 575 Task 5: Additional Asset Item 2 - Pavement Markings $3,675 Data Collection and Iltem 3 - Street Lights 58575 I $24,500 Identification (Optional) Item 4- Manholes, Valves, $3,675 and Vaults Task 6: Pavement Task 7 Parking Lot Pavement Evaluation tOotiona0 Item 1- Project Management and Item 2 - FWD Testing ham A - APR Tactino Exploration (FWD, GPR, and Coring) Item 4- Coring and Traffic $36,700 Control Item 5 - FWD and GPR Analysis Item 6 - Reporting 8 600 Item 1- Parking Lot Pavement Evaluation $10530 $12,090 $17.020 GA inn $9,400 $6,800 $89,910 $6,800 Item Total Item Total Year 2 tI XED PRICE Task Total Year 2 FIXED PRICE Task Total $12,695 $17,871 $6,405 $38,535 59,870 59,030 590,406 Page 2 Item Total Item Total Year 3 FIXED PRICE Task Total Year 3 FIXED PRICE Task Total $13,202 518,586 $6,661 $40,076 $10,265 $9,391 $98,182 Item Total City of Palm Desert. CA PMS October 15. 2021 Year4 Item Total FIXED PRICE Task Total $11,844 $11,844 58,559 $7,930 59,583 $26,072 $28,164 $28,164 $17,378 $6,197 513,756 $37,331 5103,410 Year 4 FIXED PRICE Task Total 59,645 $4,133 $9,645 $27,557 $4,133 $13,598 $19,143 $6,861 $41,279 $10,573 59,673 5101,127 $7,648 $7,648 Item Total Item Total Year 5 FIXED PRICE Task Total Year 5 FIXED PRICE Task Total $14,006 $19,718 57,067 542,517 $10,890 59,963 $104,161 City of Palm Desert. CA PMS October 15, 2021 The price proposal above was developed using the personnel and equipment rates shown below for the year 1 testing. It is anticipated that the personnel and equipment costs will increase due to Inflation each year of 5% in year 2, 4% in year 3, 3% in year 4 and 3% in year 5 Personnel Costs Name Hourly Rate Salil Gokhale Alvaro Ulloa Phillip Donovan Joe Reiter Joseph Dib CraCox Charles Nations Donovan Morse Jose Juarez Robin Belt Kenneth Flack Jung Yun Moon Samuel Dunkin Finch Dunkin $218 75 $210.28 $223 27 $110 08 $101.89 $127 02 $86 37 $74.52 $78 47 $128 43 557.86 $63 79 $75 36 $75.65 Page 2 City of Palm Desert, CA PMS October 15, 2021 Standard Schedule of Consulting Fees The following schedule of fees, terms, and conditions are for engineering consulting and expert services provided on an hourly basis by Applied Research Associates, Inc. (ARA) All rates are given in US currency and are updated annually on January 1. SECTION 1 — PRICING SCHEDULE LABOR PRICING Reimbursement for professional, technical, and administrative staff will be made at the rates provided in the previous page OTHER DIRECT COSTS Travel Expenses Travel costs are direct project expenses for meals, Incidentals, motels, airfare, mileage, rental car, parking, and other travel costs. While ARA employees attempt to travel under US govemment guidelines, travel and per diem expense rates for non-govemment projects are not regularly available Travel and per diem expenses are not limited to govemment per diem ARA Equipment & Specialty Software ARA owns and operates a comprehensive fleet of pavement testing equipment A schedule of prices for selected items is provided In the following table These rates do not include engineering time, operator time, travel, or per diem costs during mobilization or field testing. Page 3 Equipment Item Falling Weight Deflectometer Heavy Weight Deflectometer Pavement Friction Tester Runway Friction Tester Pavement Core Truck Pavement Marking Retroreflectometer Pavement Survey Vehicle with LCMS (daily use inducting mobilization) Pavement Survey Vehicle with LCMS (10,000+mileeffort) Pavement Survey Vehicle with LCMS (500 to 10.000 mite effort) Pavement Survey Vehicle with LCMS (up to 500 mile effort) Pavement Survey Vehicle High Speed Profiler Ground Penetrating Radar (Air/Ground Coupled Single Antenna) Ground Penetrating Radar (3D Radar 6' wide) Pavement Sound (Onboard Sound Intensity) MIT SCAN Rolling Inclinometer LCMS Analysis Workstation Geolocation and Survey Workstation PaVision Hardware Usage PaVision Data Processing Pavement Testing Work Vehicle Company Vehicle (@ GSA Mileage Rate) Computer (Standard Use) Computer (Development & Analysis Surcharge) Computer (Marketing & Communications Standard) Computer (Marketing & Communications Graphics) Video Production Studio/Laboratory Other Direct Expenses All direct job expenses will be charged at the direct cost. City of Palm Desert. CA PMS October 15, 2021 Commercial Units Rate $1,580 00 Day $1,580 00 Day $2,100.00 Day $2,500 00 Day $660 00 Day $660 00 Day $1,910 00 Day $55 00 Mile $60.00 Mile $65.00 Mile $1,320 00 Day $1,32000 Day $660 00 Day $3,280 00 Day $1,580 00 Day $660 00 Day $660.00 Day $10.50 Hour $270.00 Day $1970 00 Day $53.00 Mile $1 40 Mile $0 56 Mile $4 00 Hour $3 30 Hour $6.60 Hour $10.90 Hour $29 60 Hour PURCHASES & SUBCONTRACTS Charges for purchases, subconsultants, and subcontractors will be at invoice plus 15 percent. Page 4 City of Palm Desert. CA PMS October 15. 2021 7. APPENDICES 7.1. LITIGATION Applied Research Associates has been involved in two cases with litigation during the last five years, as is common with a firm of our size and scope These include: • Simbaline Development LLC claimed fraud, theft of property, misappropriation of trade secrets, breach of fiduciary duty and promissory estoppel on 1/25/19 (Case No 4.19-cv-275 US District Court, Southern District of TX, Houston Division) Simbaline sued as a result of billing that occurred during extended negotiations on a non -binding LOI to use our patented CH process for converting plastic to fuel. The LOI was never signed as ARA and Sumbaline (plaintiff) could not reach agreement on terms The case is scheduled to be heard in October 2021 • ARA claimed against KCCT for money owed KCCT counterclaimed against ARA in Case 1 15-cv-01818-RC filed 11/30/15 in the US District Court District of Columbia. The case was settled on 3/23/17. In no way do either of these cases affect our ability to provide services to you. 7.2. PROJECT TEAM RESUMES In order to meet the required 20-page limitation, we have included abridged resumes below If requested, we are happy to provide a complete resume for each team member to the City Phillip R. Donovan, Ph.D., P.E. Principal Engineer EDUCATION Ph D , Civil Engineering, University of Illinois at Urbana -Champaign M.S., Civil Engineering, University of Washington, Seattle, WA 8 S , Civil Engineering, United States Air Force Academy LICENSE Professional Engineer, Wisconsin #35794-6, Colorado #0047356 EXPERIENCE SUMMARY Dr Donovan is a licensed engineer with more than 25 years of experience in pavement engineering He retired as a Lt Colonel after 20 years of active duty with the US Air Force in 2015. He was a Civil Engineer for his entire military career and worked design, construction, and project management around the world. He came to Dynatest and subsequently ARA after completing an assignment teaching geotechnical and pavement engineering at the US Air Force Academy. He has substantial experience in non-destructive testing (NDT) using the Falling Weight Deflectometer (FWD) and Heavy -Weight Deflectometer (HWD) and has extensive knowledge in pavement evaluation and design, pavement and asset management, and Geographic Information Systems Page 5 City of Palm Desert. CA PMS October 15, 2021 Alvaro Ulloa, Ph.D., P.E. Principal Engineer EDUCATION Ph.D., Civil Engineering, University of Nevada, Reno M S, Civil Engineering, University of Nevada, Reno Post -Baccalaureate Licensure in Civil Engineering LICENSE Professional Engineer, California #83661, Texas #123961, Costa Rica IC #17881 EXPERIENCE SUMMARY Mr Ulloa has been involved in several pavement non-destructive testing evaluation projects. He has conducted pavement evaluation involving structural performance (using Falling Weight Deflectometer and material characterization), functional performance (using Roadway Surface Profiler and Friction Tester devices), and pavement management and design He is bilingual in English and Spanish Mr Ulloa has been involved in pavement/material engineering since 2006. His background includes state-of-the-art pavement material characterization, tire -pavement interaction, Mechanistic -Empirical pavement design, pavement modeling using dynamic viscoelastic analysis, and geotechnical engineering. He has published over 20 journal papers, and research reports, along with several conference podium presentations Mr. Ulloa was also an instructor at university level and is currently providing pavement engineering and deflection backcalculation training (Dynatest ELMOD 6 0), in both English and Spanish, for cities, research centers, and consultant companies throughout United States and Latin America. Salil Gokhale, P.E. Principal Engineer EDUCATION Post -Baccalaureate Certificate in GIS, Pennsylvania State University, 2011 M S, Civil Engineering, Pennsylvania State University, 2001 B E., Civil Engineering, Govt College of Engineering, Pune, India, 1998 LICENSE Professional Engineer, Florida #66552 EXPERIENCE SUMMARY Mr Gokhale has worked in the highway and pavement engineering field for over thirteen years His areas of expertise include pavement management systems, automated and manual pavement condition surveys, GIS integration, pavement design and analysis, non-destructive testing, accelerated pavement testing (APT) research, vehicle -pavement interaction, life cycle cost analysis, data mining, and statistical analysis Mr Gokhale has participated in several state and national level research projects and has published more than 15 peer - reviewed papers and technical reports Mr Gokhale joined ARA Consulting in 2020 and currently serves as a Principal Engineer and project manager He is heavily involved in ARA's software/hardware product development focusing on automated pavement condition analyses. Mr. Gokhale oversees a multitude of pavement engineering and consulting projects including pavement management systems implementation, non-destructive structural testing on airfield and highway pavements, software sales and training. Before joining ARA, Mr. Gokhale worked as a full-time, on -site consultant research engineer for the Florida Department of Transportation's (FDOT) Materials Research Park in Gainesville, Florida He worked extensively with FDOT's pavement evaluation and research groups, and was tasked numerous projects involving non- destructive testing, pavement management and life cycle cost analyses, accelerated pavement testing and materials research, and vehicle -pavement interaction. Page 6 City of Palm Desert. CA PMS October 15, 2021 Joseph Dib, M.S., EIT Staff Civil Engineer EDUCATION M.S., Civil Engineering, University of Nevada, Reno, Nevada, 2019-2021 M S, Structural Engineering, University of Balamand, Koura, Lebanon, 2017-2019 B S , Civil Engineering, University of Balamand, Koura, Lebanon, 2017 LICENSE Engineer in Training, Nevada K0T8539, Working towards California PE license EXPERIENCE SUMMARY Mr Dib has 2 years of experience in civil, geotechnical, and pavement engineering research and consulting projects to Nevada Department of Transportation (NDOT), US Army Corps of Engineers (USACE), and several cities and counties in the States of California He specializes in asphalt material/soil characterization, highway pavement design, pavement condition evaluation and field investigations including Falling Weight Deflection (FWD) testing, Pavement Condition Index (PCI) surveys for roadway pavements, GIS Integration, and pavement preservation and rehabilitation techniques Craig Cox GIS Specialist, Programmer EDUCATION Civil Engineering coursework (36 hours), University of Texas, Austin, TX, 1992 B S , Computer Science, Southwest Texas State University, San Marcos, TX, 1983 Pre -Engineering, Tarleton State University, Stephenville, TX, 1979 EXPERIENCE SUMMARY With over 40 years of programming and GIS experience, Mr Cox is ARA's GIS and software programming expert based in Austin, Texas. Mr. Cox works with ARA's consulting engineering team to develop databases, routing/navigation plans, data processing of field data, performs QA/QC of field data, distress rating etc He has developed numerous programming tools to inter -operate with various pavement testing equipment and analysis software. Prior to joining ARA, Mr. Cox worked at the Texas Department of Transportation for 27 years as a programmer and analyst in the pavement design and construction division. Donovan Morse Field Technician EDUCATION B S , Political Science, Eastern Washington University, 1981 LICENSE Caltrans Certified Inertial Profiler Operator EXPERIENCE SUMMARY Mr Donovan Morse is a senior technician at ARA He has extensive experience operating and maintaining pavement testing equipment including Falling Weight Deflectometers (F/HWDs), profilers, Dynatest Multi - Function Vehicles (MFV), and friction testing equipment. Page 7 City of Palm Desert. CA PMS October 15. 2021 Jose M. Juarez Garcia Field Technician EDUCATION University of Antelope Valley, Auto Mechanic Engine Rebuilding, 1997-1998 Antelope Valley College, Emergency Medical Technician, 1991-1992 Antelope Valley College, Contemporaneous Business, 1988-1990 LICENSE AES Automotive Service Excellence Certified — Brakes systems AC Delco Certified — Engine Performance Computer Controls EXPERIENCE SUMMARY Mr Jose Juarez is a field technician at ARA He has extensive experience operating and maintaining pavement testing equipment including Ground Penetrating Radar, Falling Weight Deflectometers (F/HWDs), profilers, Dynatest Multi -Function Vehicles (MFV), and runway and roadway friction testing equipment. 7.3. CHANGES TO AGREEMENT ARA does not have any objections or suggested changes to the standard contract language Page 8